Florida Rules for Left-Behind Property When Moving Out

Moving out of a rental in Florida and worried about property you might accidentally leave behind? Florida law has clear rules for both renters and landlords about how left-behind ("abandoned") property should be handled. Knowing these rules can help you protect your belongings and avoid legal trouble.

What Counts as Abandoned Property in Florida Rentals?

According to Florida statutes, property is considered "abandoned" when a tenant has moved out, the lease has ended or they've been evicted, and personal belongings are still left on the premises.^[1]

• Examples include furniture, electronics, clothing, or personal documents left inside or on rental property after moving out.
• This rule does not apply if you leave trash or items clearly intended to be discarded.

It's important for renters to understand this distinction to avoid losing valuable possessions accidentally.

Landlord Duties: What Must Happen to Abandoned Property?

Florida law protects both landlords and tenants by creating a step-by-step process for handling left-behind property. The landlord must follow these procedures after a renter moves out or is evicted:

• Provide written notice to the former tenant about the property. This notice must describe the items and tell the tenant how to retrieve them.
• Store the property in a reasonably safe place for 10 or 15 days (depending on how the notice is delivered).
• If no one claims the property by the deadline in the notice, the landlord can sell, dispose of, or keep the property.

The key law here is the Florida Statutes Section 83.67: Termination of Rental Agreement and Abandonment.^[1]

Notice of Belief of Abandonment: Required Form and Example

The official form commonly used is the "Notice of Belief of Abandonment" (form example here). This is not required by the state but is recommended for clarity, and some counties provide their own templates. The notice should include:

• Description of the items left behind
• Where and how to claim them
• Deadline for pickup
• Potential costs associated with storage

Example Scenario: If you forget clothing and a television after moving out, your landlord should send you a notice describing these items and set a timeframe (at least 10 or 15 days, depending on delivery method) for you to collect them before they are disposed of.

Find sample forms and official guidance at the Florida Courts Notice of Belief of Abandonment page.

What If You Want to Get Your Property Back?

If you receive a notice, act quickly:

• Contact the landlord in writing as soon as possible to arrange pickup within the deadline
• You may need to pay reasonable storage or moving costs before reclaiming items
• If you cannot arrange pickup in time due to hardship, communicate clearly and document all exchanges

When Can a Landlord Sell or Dispose of the Property?

After the deadline in the notice expires, the landlord can:

• Sell the property at a public or private sale
• Dispose of property valued under $500

If the property is sold, the landlord may keep enough of the proceeds to cover unpaid rent, damages, and storage costs. The remainder, if any, should be returned to the tenant if they can be located.

What to Do If You Disagree With the Landlord's Actions

If you believe your landlord did not follow Florida's rules, you may:

• File a formal complaint with the Florida Department of Agriculture and Consumer Services
• Seek advice or mediation with the court system
• File a small claims case for damages

The main tribunal handling residential tenancy cases in Florida is your local Florida State Court - County Court Division (Landlord-Tenant).^[2]

FAQ: Left-Behind Property in Florida Rentals

1. How long does a landlord have to hold your belongings in Florida? Landlords must give at least 10 days' notice (15 if mailed) before disposing of or selling abandoned property.
2. Do I have to pay to get my property back after moving out? Yes, you may be required to pay reasonable moving and storage costs before retrieving your belongings.
3. What should I do if my landlord immediately threw out my belongings? Gather all documentation, contact the landlord in writing, and consider filing a complaint with the Florida Department of Agriculture and Consumer Services or through the local small claims court.
4. What if some of my items are missing or damaged? You can file a claim in court to seek compensation if you believe your landlord mishandled or damaged your property.

Conclusion: Key Takeaways for Florida Renters

• Check your rental unit carefully before turning in your keys to avoid accidental abandonment.
• Landlords must provide written notice and a waiting period before removing left-behind items.
• Respond quickly to any notice to reclaim your property and save all communications.

Knowing these laws gives you more control and helps protect your property at move-out.

Need Help? Resources for Renters

• Florida State Courts Self-Help (for filing claims or questions about the notice process)
• Florida Department of Agriculture and Consumer Services (official guide and complaint process)
• Legal Services of North Florida (free and low-cost legal help for tenants)

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1. Florida Statutes Section 83.67: Termination of Rental Agreement and Abandonment
2. Florida State Courts - County Court Division (Landlord-Tenant)

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